A Resourceful Guide on the Immigration Bond Procedures

A Resourceful Guide on the Immigration Bond Procedures

A Resourceful Guide on the Immigration Bond Procedures
A Resourceful Guide on the Immigration Bond Procedures

Have you ever been asked to give a talk on a topic that you know nothing about? It can happen — people know that you have the ability to give effective speeches and they have a message that they want to deliver to an audience. They see you as being the perfect person to give the speech that they need to have delivered. This places you in a difficult position. You are going to have to do some serious research before you are going to be able to give this type of speech. Let’s take a look at what the research might look like. Let’s assume that you’ve been asked to give a speech on the topic of immigration bond procedures.

The Pew Research Center reports that more than one million immigrants arrive in the United States every year. Immigration to the US is a complicated process, involving many procedures to follow. Immigrants who fail to follow these steps could wind up in detainment.

If you or a loved one need an immigration bail bond, you should know how they work. Check this helpful guide on what immigration bond procedures include so that you can enjoy your new home.

What are Immigration Bail Bonds?

An immigration bond contains deposited funds that are held by the federal government during immigration detention proceedings. An immigration bond is similar to a regular bail bond.

An immigration bail bond guarantees that immigrants will appear for all of their proceedings they will face obtaining approval to live in the United States.

Immigration bail bond procedures take effect if an immigrant commits any crimes or doesn’t enter the US legally.

Law enforcement then takes these immigrants into custody and transports them to the US Immigration and Customs Enforcement division (ICE) in the Department of Homeland Security (DHS). When ICE has custody of the immigrant, they move them to an immigration detention center while they investigate the case.

Immigration bonds are returned to the original payer when the defendant is approved to live in the US. The ICE bond refund process is a lengthy process. It could take several months to refund these bond amounts.

Categories of Immigration Bail Bonds

Immigrants choose between two different types of immigration bonds to obtain their freedom while the investigation continues. If ICE believes that the detainee is no threat to public safety, they are eligible for one of the following bonds:

Delivery Bonds

Delivery bonds guarantee a detainee’s temporary release on the condition that they agree to attend all immigration proceedings. Delivery bonds usually cost around $1,500. These amounts can increase as high as $10,000.

Delivery bonds also allow detainees to stay with family members or friends. Immigrants can also leverage this time period to call an immigration lawyer to help guide them through the process.

Voluntary Departure Bonds

A voluntary departure means that the detainee agrees to leave the US within 120 days in order to avoid detention. Part of the agreement to leave includes having the immigrant pay a voluntary departure bond. Voluntary departure bonds usually average around $500.

The federal government will ask detainees to pay departure bonds when federal immigration proceedings are over. Voluntary departure bonds represent the detainee’s promise o fulfill their agreement to leave the country. These bond funds return to the payer when the detainee has officially left the country.

Immigration Bond Procedures

If you or your loved one is detained and requests permission to live in the US, there are certain immigration bond procedures you must follow. These procedures include:

  • Contact the local ICE Office affiliated connected to the detention center where the detainee is held
  • Talk to ICE representatives and ask for personal assistance. Let your ICE representative know that you would like to schedule a meeting to pay an immigration bond. Confirm with the ICE office you contacted that they can accept a bond payment from any US state
  • When you arrive for your scheduled ICE meetings, be sure you have your cashier’s check written out to the federal DHS. You can’t deposit immigration bail bond funds with personal checks or cash. Professional bail bondsmen can also help advise you on these tasks.

You can see more here on immigration bond procedures. This site outlines what steps to take to secure an immigration bail bond in California. These California requirements might not be the same in your state.

The Immigration Bond Hearing

Immigration bond hearings are the formal arena where immigrants appear before an immigration judge. At this point in the process, the detainee can request release from detention while their immigration case undergoes investigation.

The immigration judge reviews all the facts to decide if the detainee can be trusted to attend their immigration proceedings if released. Factors that immigration judges consider include:

Financial Independence or Employment

An immigration judge also reviews whether the immigrant is financially independent or working at a job. Recommendations from a job manager or a recent paycheck stub can prove reliable employment. Immigrants can also present their copies of any apartment rental agreements or real property deeds to demonstrate financial independence.

Family Ties

The judge will also review whether the immigrant currently has family members living in the US. This factor can demonstrate if the detainee is responsible for taking care of any children. These family ties might also show that the immigrant can apply for a marriage-based green card.

Immigration Sponsorship

Any immigrant to the US must name a personal sponsor who lives in the US. Sponsors also have to show that they are legal residents who can support the detainee throughout the immigration process.

Sponsors should draft a letter that contains their personal address as well as their home phone number. Sponsors also need to provide proof that they reside at the listed address. This proof can include copies of utility bills.

Sponsor letters will also include details on how they personally know the immigrant. Evidence that supports this personal connection includes copies of a marriage certificate. Photos during holidays or other special occasions can also demonstrate personal relationships during the immigration hearing process.

Immigration Bond Refunds

When immigration proceedings are done, the immigration bond refund process now begins. ICE notifies the DHS Debt Management Center (DMC) to officially cancel the bond. The DMC then forwards a bond cancellation notice to the payer of the original bond.

Next Steps

If you or your loved one is detained, it’s vital that you find a professional immigration attorney to help you navigate this process. These professionals can help you find nearby resources for securing your voluntary departure or delivery bond.

As your bond hearing approaches, be sure to gather the evidence you need to prove that you aren’t a public safety risk. Collect your old paychecks, rental agreements or utility bills to show you have financial independence.

It’s not hard to get confused when you move to a new country. The good news is that there are many resources available to help with this difficult task.

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